Phill Kline

Last updated
12 years of a seventeen-year sentence. If the participants had been of opposite sexes, the maximum sentence for the older one would have only been 15 months. [21]

2006 and 2008 re-election campaigns

Kline ran for re-election as attorney general in 2006. On November 7, 2006, he lost to Democratic challenger and Johnson County District Attorney Paul J. Morrison. Kline received 41 percent of the vote. [23] To oppose Kline in the general election, Morrison had changed his political affiliation from Republican to Democratic in the fall of 2005. [24]

On December 11, 2006, Johnson County Republican Precinct committeepersons narrowly selected Kline over fellow Republican Steve Howe to serve the remaining two years of Morrison's term as county district attorney. [23] With 60% of the vote, Howe defeated Kline in the August 5, 2008, Republican primary for a full term as district attorney.

Church memorandum controversy

In late September 2006, an internal election campaign memo from Kline to his campaign staff was leaked to The Interfaith Alliance and quickly was picked up by bloggers, resulting in much discussion and controversy. [25] [26] In the memo, Kline tells his staff how to form a campaign committee for him at each church that will educate and register voters, "encourage people to contribute and volunteer," and network with their own email lists. [27] Kline has defended the memo and the mobilization of churches it calls for, insisting it does not violate IRS regulations governing the tax-exempt status of churches, [28] under which a church stands to lose its tax-exempt status for officially supporting a political candidate, if the Commissioner of Internal Revenue so determines.

Work attendance and residency controversy

KCTV, a Kansas City CBS affiliate, aired an investigative report that addressed accusations that Kline did not reside within Johnson County as required by state law, and that he spent an inadequate amount of time at the district attorney's office. [29] He had rented a small apartment in Stilwell, and was registered to vote from that location. The KCTV reporters said in their report they were unable to observe Kline or his family at the address. On two occasions, Kline was tailed by reporters from Johnson County back to Topeka, the location of his primary residence. [29]

The Johnson County Sheriff's Office initially refused KCTV-5 access to records that log ID card passes at the Johnson County Courthouse garage, citing security concerns. Through a public records request, KCTV initially received redacted and incomplete records via the Johnson County Sheriff's Office. According to the report, the security system only saves 90 days worth of data and purged much of the electronic records in question. [29] The KCTV report, based on the incomplete records, also suggested that Kline spent an inadequate amount of time in the Johnson Country District Attorney's Office, averaging only 29 hours per week. [29] KCTV5 devoted an entire 10pm newscast to deal with criticisms leveled at KCTV5's handling of the investigation the following day. [10]

Post-electoral career

In January, 2009, Kline left Kansas to become a visiting professor at the Liberty University School of Law, in Lynchburg, Virginia. He is now an assistant professor at the school.

License to practice law suspended

In 2010 the Kansas Supreme Court Disciplinary Administrator brought formal professional ethics charges against Kline before the Kansas Supreme Court based on perjury, an illegal file transfer, misleading legal guidance that Kline had provided to the grand jury in the Johnson County clinic case, the O'Reilly appearance, and several other matters. Kline's ethics trial began on February 21, 2011. He testified that he had the right to deceive state agencies to gain information in abortion investigations and that he had no duty to promptly notify a trial judge that he had provided flawed information. [30]

On October 13, 2011, the Kansas Board of Discipline of Attorneys recommended that Kline's law license be indefinitely suspended, citing a pattern of repeatedly misleading statements, "dishonest and selfish motives", and a failure to "take any responsibility for his misconduct." Kline disputed the Board's findings as politically motivated. [31] The recommendation to suspend his license went to the state's Supreme Court, [32] where Kline's demands resulted in the unusual recusal of five Justices and a substitute appeals court judge from the case. [33] The court indefinitely suspended Kline's law license on October 18, 2013. The costs to the taxpayers of defending his license came to nearly $600,000. [4] [34]

The United States Supreme Court – the only level of federal court which could overrule the state supreme court decision [35] – announced on April 28, 2014, that it was declining to hear Kline's request to review the suspension of his Kansas license to practice law. [36] However, Kline continued to pursue the matter as a federal case, in federal District court, where he lost in 2016. He then appealed that decision to the 10th U.S. Circuit Court of Appeals in Denver — losing again, July 3, 2017, by the decision of a three-judge panel who refused to allow the case to be reopened in federal court. [35]

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References

  1. "Race for Attorney General" Archived 2007-09-30 at the Wayback Machine , Lawrence Journal-World; retrieved January 8, 2007.
  2. 'Kline chosen as Johnson County District Attorney', Lawrence Journal World, John Hanna, 12 December 2006. Retrieved 21 October 2013.
  3. 1 2 Sulzberger, A.G. (November 22, 2011). "Kansas Abortion Prosecution Loses Some Steam, but Fire Is Still Hot". New York Times . Retrieved November 22, 2011. The case emerged from a long investigation by one of the state's most polarizing elected officials, Phill Kline, who had used his position as Kansas attorney general and later as Johnson County district attorney to crusade against abortion providers, earning a series of official rebukes along the way for his tactics, including a recommendation last month by a state board that he be prohibited from practicing law in the state.
  4. 1 2 Plumlee, Rick (October 18, 2013). "Kansas Supreme Court Indefinitely Suspends Phill Kline's State Law License". The Wichita Eagle. Retrieved October 18, 2013.
  5. Rizzo, Tony (October 18, 2013). "Phill Kline is indefinitely suspended from practicing law". Kansas City Star.
  6. "Supreme Court denies Kansas' Phill Kline appeal on law license". Kansas City Star. Retrieved April 7, 2020.
  7. 1 2 Mann, Fred (October 8, 2006). "Family, past shape Kline's efforts as attorney general", Wichita Eagle ; accessed May 15, 2017.
  8. Archived July 14, 2011, at the Wayback Machine
  9. , Clerk of the House of Representatives , Jeff Trandahl, June 7, 2005. Retrieved 24 June 2017.
  10. 1 2 Kline buys JoCo house from campaign donors, The Pitch , Justin Kendall, July 1, 2008. Retrieved June 17, 2018.
  11. Wilgoren, Jodi (February 25, 2005). "Kansas Prosecutor Demands Files on Late-Term Abortion Patients". The New York Times. Retrieved May 22, 2010.
  12. 1 2 3 4 Supreme Court Upholds Disbarment of Anti-Abortion Kansas Ex-AG Phill Kline, CounterPunch , Dave Lindorff, May 2, 2014. Retrieved 25 June 2017.
  13. Hegeman, Roxana (December 23, 2006). "Kansas Court Dismisses Abortion Charges". Washington Post. AP.
  14. "Doctor acquitted in late-term abortion case". NBC News. Associated Press. March 27, 2009.
  15. Archived November 7, 2011, at the Wayback Machine
  16. "Suspect in shooting death of abortion provider George Tiller may be charged today | George Tiller Slain | Wichita Eagle". Archived from the original on 2009-06-06. Retrieved 2009-06-01.
  17. "Federal judge sides with abortion rights group". NBC News. Associated Press. April 18, 2006.
  18. 1 2 Aid for Women v. Foulston, 427 F.Supp.2d 1093, 1095 (D. Kan. 2006).
  19. 1 2 Hanna, John (October 3, 2006). "D.A. says Kline wasn't involved". The Topeka Capitol-Journal. Archived from the original on 2006-11-21. Retrieved 2006-11-18.
  20. Lach, Eric. 'Kansan Supreme Court suspends ex-Attorney General over abortion investigation', Talking Points Memo, October 18, 2013; retrieved October 24, 2013.
  21. 1 2 Matthew Limon returning to court on new charge, Lawrence Journal World , Carl Manning (AP), November 19, 2005. Retrieved June 16, 2018.
  22. "85898 -- State v. Limon -- Luckert -- Kansas Supreme Court". Archived from the original on 2011-05-19. Retrieved 2009-06-01.
  23. 1 2 Slevin, Peter. "Trounced at Polls, Kansas GOP Is Still Plagued by Infighting", Washington Post, December 30, 2006, pg. A2.
  24. Morrison vows focus on crime, Lawrence Journal World , Scott Rothschild, November 8, 2006. Retrieved June 17, 2018.
  25. Kansas Attorney General writes orders for a reelection campaign operation "in each church", JewsOnFirst.org.
  26. Wilson, Bruce, Kansas Attorney General Kline's Leaked Memo For Church Involvement In Politics, Talk2Action , September 19, 2006.
  27. Kline memo, JewsOnFirst.org
  28. Kline defends memo during debate Archived 2007-09-26 at the Wayback Machine , Topeka Capital-Journal, September 15, 2006.
  29. 1 2 3 4 KCTV5 News Investigates Phill Kline - News Story Archived 2007-11-29 at the Wayback Machine , KCTV5.com; accessed May 15, 2017.
  30. Hanna, John (2011-02-21). "Phill Kline says deception OK in abortion investigations". Deseret News. Associated Press. Retrieved 2018-06-15.
  31. Hansen, Mark (October 14, 2011). "Ethics Panel Recommends Indefinite Suspension for Ex-Kansas AG". ABA Journal . Retrieved June 15, 2018.
  32. Cooper, Brad (October 13, 2011). "Kansas board backs indefinite suspension for Phill Kline". Kansas City Star. Retrieved June 15, 2018.
  33. Kline seeks ouster of judge from disciplinary panel Archived 2017-06-05 at the Wayback Machine , Topeka Capital Journal , Tim Carpenter, August 14, 2012. Retrieved 24 June 2017.
  34. Rizzo, Tony (October 18, 2013). "Phill Kline indefinitely suspended from practicing law". Kansas City Star. Retrieved 2018-04-22.
  35. 1 2 Associated Press, "Federal court rejects ex-AG's lawsuit against Kansas Supreme court," July 3, 2017, Lawrence Journal-World Retrieved June 15, 2018.
  36. "Supreme Court rejects appeal from ex-Kansas Attorney General Kline over suspended law license". U.S. News & World Report. Associated Press. April 28, 2014. Retrieved 2018-06-15.
Phill Kline
Phill Kline - 6 August 1986 (2850311960).jpg
District Attorney of Johnson County, Kansas
In office
January 2007 January 2009
Party political offices
Preceded by Republican nominee for Kansas Attorney General
2002, 2006
Succeeded by
Kansas House of Representatives
Preceded by Member of the Kansas House of Representatives
from the 18th district

1993–2001
Succeeded by
Legal offices
Preceded by Attorney General of Kansas
2003–2007
Succeeded by
Preceded by District Attorney of Johnson County, Kansas
2007–2009
Succeeded by
Steve Howe